Pennsylvania takes stalking and related offenses seriously. Should you face stalking charges in PA, it's vital that you act quickly to protect your best interests and defend the accusations. However, when it comes to stalking offenses, it's not always easy to determine how best to defend your case, especially when there's a chance you could face civil penalties alongside criminal charges.
One such civil penalty is a protection from abuse (PFA) order – a court-issued document with potentially severe long-term consequences. If you're subject to a PFA, it could impact your academic ambitions, your employment prospects, and even your personal life. And that's why it's crucial that you reach out to the LFF Law Firm Team for help. Our experienced attorneys can represent clients facing various civil and criminal accusations, no matter how complex. We will walk you through the legal process and ensure you have the best chance at securing the most favorable outcome possible. So, don't delay in seeking the representation you deserve for stalking charges and PFAs in Berks County, PA. Instead, call the LLF Law Firm Criminal Defense Team now at 888.535.3686 or schedule a meeting by completing the online contact form.
Pennsylvania Stalking Laws
Pennsylvania law defines stalking as, essentially, at least two or more incidents where a defendant behaves in a certain way with the intent to alarm the victim or cause them to fear for their physical safety. A single incident could be a related offense; however, unless there's a pattern of behavior, it's not considered stalking in PA.
To prove a stalking charge, the prosecution must show that:
- The defendant engaged in a course of conduct to alarm the victim.
- The defendant intended to alarm the victim or make them fear for their personal safety.
- The victim, as a reasonable individual, feared for their safety following the defendant's actions.
The Challenges of Defending a Berks County Stalking Charge
There's no doubt that defending a stalking charge is complicated. Such cases often come down to one party's word against the other, or the witnesses could be biased e.g. family members who are more likely to take the victim's side.
What's more, PA takes stalking allegations so seriously that a few emails or even an Instagram comment could ultimately result in legal action. It's difficult to predict what a “reasonable” person could find offensive, and the law offers judges considerable leeway in how to determine whether stalking took place.
Given how challenging a stalking defense can be, it's crucial that you get the right legal advice as soon as possible, which is why you should contact us urgently so we can help protect your interests.
Grading Stalking Charges in Berks County
Stalking charges in PA can be felonies or misdemeanors. Unless it's a particularly serious or violent allegation, most first-time stalking offenses are eligible to be treated as misdemeanors. Second or subsequent offenses are usually (at least) class-three felony charges. The steeper grade is due to the repeated nature of the offense.
Some stalking charges can attract even higher penalties, depending on the nature of the offense. In all cases, you should seek representation promptly from the LLF Law Firm.
How Do Courts Determine Sentencing for Stalking Charges?
Judges will consider various factors when deciding what sentence to pass following a stalking conviction. For example, they'll weigh up factors such as:
- The defendant's existing criminal record
- Whether the defendant has violated a restraining order
- The nature of the alleged conduct e.g., violent offenses, will typically attract a steeper punishment than non-violent offenses.
As an example, first-time offenders should not be fined more than $10,000 or face jail time greater than five years. Exceptions may apply – your attorney can explain what to expect in your case.
Berks County PFA Orders
Irrespective of whether the defendant is convicted of stalking, the incidents that led to the criminal charges can also lead to a civil penalty known as a protection from abuse (PFA) order. PFA orders are court orders forbidding, or restricting, an individual from behaving in a certain way. The restrictions can include, for example, remaining a certain distance away from the victim, having no contact with the victim, and even having no indirect contact i.e., through family and friends.
It's crucial to note that although a PFA is a civil court remedy, it's just as serious as a criminal charge. In fact, the long-term impact could be even more significant, as PFAs typically last for at least three years.
Who Can Seek a PFA Order for Stalking in Berks County?
Only certain individuals can seek a PFA order for any alleged offense, including stalking, in Berks County. Those individuals with legal standing to apply for a PFA order include spouses, ex-partners, partners, roommates, and those who have a biological child in common. Others, such as work colleagues and those who have no romantic history with the defendant, can't seek a PFA order but must instead seek alternative restraining orders.
The PFA Application Process
The petitioner must first file a request for a temporary PFA at the Berks County Courthouse. This process involves describing the alleged incident(s) and why the protective order is necessary. A judge will consider the petitioner's statement and any evidence provided and decide whether to grant the order. It's typical for a judge to err on the side of caution and grant a temporary PFA even without much evidence. This is because a temporary order only lasts a few days, and so, in theory, it's not overly restrictive on the defendant. However, since the defendant has no chance to respond at this stage or stop the court from passing the order, a temporary PFA can still be a shocking and frightening order to receive.
Temporary and Emergency PFAs
A temporary PFA Order lasts for 10 days. This temporary court order protects the petitioner in the interim period between seeking the order and the formal court hearing date.
Should the petitioner require a PFA order outside of regular court hours, they can apply for an emergency PFA order. This order lasts until a judge can consider whether to grant temporary protection for the 10-day period. In Berks County, emergency PFA orders may be granted after 5 pm on weekdays or any time over the weekend.
The Protection From Abuse Order Hearing
The final PFA order hearing is an opportunity for a formal court hearing before a civil court judge. This is the defendant's first opportunity to present their case and attempt to show why the final PFA order is unnecessary. It's also the petitioner's chance to demonstrate why the order is the only way to protect their safety.
Should the criminal case be decided prior to the civil court hearing for the final PFA order, it could affect the outcome of the civil case. How cases relate to each other is complex – the LLF Law Firm Team can ensure you understand what to expect in your case.
Possible Outcomes of Berks County Final PFA Hearings
Should the judge find it in the petitioner's favor, they will grant the final PFA, which lasts for up to three years. The final PFA comes into force immediately, meaning that the defendant should not attempt to engage the petitioner even in the courtroom or upon leaving. Otherwise, they risk being found in contempt of court.
Alternatively, the judge may dismiss the temporary PFA after deciding that the restrictions are not necessary to protect the victim. At this point, the order falls away, and the terms cannot be enforced.
After fully reviewing your case, your attorney can explain any nuances involved in how a judge may decide whether to uphold or dismiss the allegations.
The High Cost of PFAs and Stalking Allegations
Even if the stalking charge is dropped, and even if the temporary PFA expires with no further consequences, the very nature of these types of allegations means that a defendant could face social stigma or even isolation from friends, family, and work colleagues. And if the PFA is upheld, or there's a stalking conviction, the consequences run even deeper.
- Defendants may be unable to return to the home they share with the petitioner.
- A criminal record will affect the ability to apply for certain employment opportunities, such as careers in social work, healthcare, the military, and law enforcement. It could also restrict a defendant from applying to college or university.
- Depending on the nature of the allegations, the defendant may be unable to remain in their current job role, which means a direct impact on their financial well-being.
- Stalking charges and final PFA orders could impede an individual from seeking professional licensure in PA.
- Defendants could lose custody of their children or visitation rights. This means missing out on key milestones in their child's life.
While it's not always possible to avoid all consequences of a stalking charge or PFA order, you may mitigate certain long-term effects by acting swiftly. The LLF Law Firm Criminal Defense Team is waiting to represent your best interests today.
PFA Order Violations in Berks County, PA
Although a PFA order is a civil court order, violating the PFA is a criminal offense known as “contempt.” Defendants could face penalties such as:
- A fine of no more than $1,000
- Up to six months in jail
- A PFA extension
- Permanent criminal record
The court is also free to impose other penalties which it deems necessary to protect the victim.
Even a single text message can amount to a PFA order violation in Berks County. Never take any risks – if you're unsure what you can and can't do, ask your attorney for advice. And contact us immediately if you're accused of violating a PFA so we may swiftly act in your defense.
Can the Defendant Appeal a Final PFA Order in Berks County?
Yes. Just as defendants can appeal a stalking conviction, they can appeal a civil protective order. However, the reality is more complex.
A defendant can appeal a final PFA order if they can show that the judge erred in some way e.g., the judge failed to consider all the relevant evidence, or they applied the law incorrectly. What this means, in practice, is that while you can appeal a final PFA order, you need sufficient legal grounds to do so. An appeal is not merely a chance to revisit the case and go over the facts again.
Building a case for a successful appeal is not easy. It's preferable to have the PFA order dismissed in the first instance. However, the LLF Law Firm Team can explain the steps involved in appealing a final PFA order in more detail as they relate to your specific case.
Can the Victim Request a PFA Order Extension After Stalking Allegations?
Yes. Should the petitioner wish to extend the PFA order beyond its three-year lifespan, they can ask the court to extend the order for another term. Theoretically, this means that the petitioner can seek multiple extensions, and the defendant may always be subject to the restrictions.
A judge will only award the extension or continuation if there's evidence to suggest that the defendant remains a threat to the petitioner. Or they may grant the extension if the defendant has violated the order in the past. This is another reason why it's so crucial to follow a PFA order's terms to the letter. The consequences of even accidentally violating a PFA order can linger for a long time.
Changing a PFA Order in Berks County
Either the petitioner or the defendant can seek the court's approval to modify a PFA order. The relevant party must convince the judge that the change is proportionate and that it won't jeopardize the petitioner's safety.
Even if both parties mutually agree to request a change, you cannot break the terms of a PFA order. It must be formally changed by a judge first. Otherwise, the defendant is at risk of contempt charges. Should you wish to modify a PFA, the LLF Law Firm can steer you in the right direction.
Ending a Berks County PFA Order Early
Since PFA orders are designed to protect a victim from further harm, only the petitioner has the legal standing to ask the court to end the order early. And even if the petitioner seeks an early dismissal, the judge will only grant the request if they are convinced that the petitioner is no longer in danger and that they have not been coerced or pressured into making the request.
If a PFA order is dismissed, it's no longer enforceable, which means the defendant is no longer required to abide by its terms. Should the petitioner feel threatened again, they must request a further PFA by starting the entire process over.
Why You Should Hire a Lawyer for Stalking and PFA Defenses
You can represent yourself when defending stalking charges or a PFA order in Berks County. However, you must consider the severity of the potential consequences should a judge rule against you, and remember that you deserve the fairest possible chance at defending the charges effectively. Specifically, here is why you should retain the LFF Law Firm Team if you're facing stalking charges or a PFA order in Pennsylvania.
- Knowledge: Our attorneys have a deep understanding of the legal steps involved in stalking and PFA order proceedings. We will use this knowledge to ensure you feel empowered throughout the entire process.
- Compassion: We know how difficult this time is for you, and we will provide the support you need to overcome this challenge. Every member of the LLF Law Firm Team will treat you with the respect and compassion you deserve.
- Commitment: It's our privilege to represent individuals during tough times. We are committed to protecting your legal rights and ensuring that you receive a fair opportunity to tell your side of the story. Our commitment to your case, and your peace of mind, is unwavering.
- Experience: Our attorneys have considerable experience in representing clients across PA in civil and criminal courts. We will ensure that you know what to expect and make sure that you feel confident in the approach we take to your defense.
Don't let a PFA order or stalking charges overwhelm you. Let the LLF Law Firm assist. We advise clients across the entirety of Berks County and PA, so reach out now to secure representation.
Retain an Experienced Berks County Stalking Attorney | LLF Law Firm
Stalking charges and PFA orders can significantly impact your life, and in some cases, they can be life-changing. But you do not need to face the challenges ahead alone. Instead, you can call the LLF Law Firm and secure the representation you deserve at this time. We will urgently work to protect your best interests, advise on the most effective way to defend the accusations, and answer any questions you have about the process. And no matter how serious the charges are against you, there's no doubt that we are in your corner, walking beside you every step of the way.
Retain the LLF Law Firm Criminal Defense Team at 888.535.3686 or complete our contact form now. Once you've hired our attorneys, we will immediately begin working on your behalf.
